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Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)


BCEA Regulations on Hazardous Work by Children

4. Work away from parents or legal guardian


(1) It is an offence for any person to require or permit a child worker to perform work which will result in the child being away overnight from their parents or legal guardian unless that person has the written consent of the child's parent or legal guardian and provided that—
(a) the child is not enrolled in school or, if the child is enrolled in school, the child's schooling is not adversely affected;
(b) full details of the accommodation arrangements are supplied to, and approved by, the parent or legal guardian of the child;
(c) the employer provides accommodation to the chiild that—
(i) is free of charge to the child;
(ii) is clean, comfortable, suitable and safe for the child;
(iii) is not occupied by any adult other than the parent, legal guardian or a child minder appointed by parent of the child, if they accompany the child; and
(iv) has sufficient bedding, lavatories and washing facilities for the child;
(d) the employer supplies the child with nutritious food or, if the child is able to purchase such food within a reasonable distance from his or her place of work or accommodation, the employer provides the child with an allowance sufficient to purchase such food at intervals that enable such purchase.


(2) It is an offence for any person to recruit a child worker to perform work in violation of subregulation (1).